Publications for Mediation Committee

  • Subject
  • Region
  • Year
India: The Mediation Act 2023 - will the ADR wave pick up momentum?

An overview of the Mediation Act 2023. The Act provides for a comprehensive framework to promote and invigorate mediation as a successful mode of alternate dispute resolution.

Released on Mar 11, 2024

How might new mediation laws change the future of litigation?

Mediation as a concept within law isn’t new. However, in the last two decades, the European Union has made great efforts to push mediation as an alternative to court- based litigation to achieve a “balanced relationship between mediation and judicial proceedings”. However, the general consensus is that we’re still far from this goal. Why is this, and what changes might recent laws have on the future of mediation as a resolution tool?

Released on Mar 11, 2024

Winning at mediation!

Focusing on beating your adversary and 'winning the mediation' rather than obtaining the best result for your client ignores the nature of negotiation—agreement is voluntary.

Released on Mar 10, 2024

From the Mediation Committee - December 2023

We want to thank all of you for your steadfast support and extensive efforts in making 2023 a highly successful year for the Mediation Committee, which we expect to build on going into next year

Released on Dec 20, 2023

From the Mediation Committee - 2023 update

An update from the Committee on the array of conference sessions and webinars we have been involved with and are planning, plus news on UNCITRAL and the IBA-VIAC Consensual Dispute Resolution Competition

Released on Sep 7, 2023

Report on the IBA-VIAC Consensual Dispute Resolution Competition 2022

This report aims to summarise the development of the 2022 edition of the IBA-VIAC CDRC Vienna Mediation and Negotiation Competition. The competition is organised by the IBA Mediation Committee and the Vienna International Arbitral Centre.

Released on Sep 9, 2022

From the Mediation Committee Co-Chairs - July 2022

We are glad to share with you the IBA Mediation Committee’s firstt of the two biannual bulletins in 2022 and we hope that you will enjoy reading the contributions.

Released on Jul 18, 2022

Mediation evangelism and other bubbe-meises

What is a bubbe-meise? It is a myth, a fairy tale, an urban legend. Literally translatedfrom the Yiddish, it is 'a grandmother’s fable'. Yes, I may have misappropriated this term by nuance: mediation evangelism surely exists. However, the use of the term is a reflection of a mentality that ignores the essential role of the law, lawyers, and dispute resolution constructs in furthering the best interests of the client.

Released on Jul 15, 2022

The potential for use of mediation in the field of IPRs and the current mediation system in Taiwan

Due to the very nature of the IP rights that are aligned with the essence of mediation, they are simply called '3M', which are 'Market cycle', 'Multiple jurisdictions' and 'Market power'. This paper will explain why the disputes related to IP rights are suitable for mediation.

Released on Jul 12, 2022

Mediation scenario in Brazil: Covid-19 restrictions and the adherence to the Singapore Convention

Alternative dispute resolution methods have been progressively adopted in Brazil, despite the culture of litigation and the difficulties of changing the mentality oriented to the resolution of conflicts.

Released on Jul 8, 2022

Mediation Committee questionnaire 2021

Mediation Committee officers give their views on effective mediation, the future of mediation and a fun fact about themselves. With Federico Antich, Martin Hauser, Shreyas Jayasimha, Michael McIlwrath and Joe Tirado

Released on Dec 20, 2021

The Italian model of mediation: an update

On 20th March 2010 Italy took the big step to enact a legal instrument (Legislative Decree 4 March 2010 n. 28) to embrace Mediation as a way to reduce the heavy workload of the judiciary and more generally to promote a sustainable approach to dispute resolution in civil and commercial matters.

Released on Dec 20, 2021

Why are intellectual property disputes particularly suitable for negotiation and mediation?

Many times, I have been intrigued to find that in a negotiation the parties evaluate their intellectual property rights differently than in a parallel legal process. I will first present two anonymized disputes resulting from my practice as a negotiator and mediator, before asking the question of what determines the value of intellectual property rights

Released on Dec 20, 2021

Law on mediation in India and its recent developments

Mediation has in recent years proven to be an effective alternative in India – they are now being pushed as a first option for parties to pursue. In 2002, an amendment was made via section 89 of the Code of Civil Procedure that empowered Courts to refer matters that 'contained elements of settlement' to be settled out of court. The section enumerates different options for alternative dispute redressal, one of them being mediation.

Released on Dec 20, 2021

What commercial trial lawyers can learn from transactional lawyers about mediation

If you are a litigator, reconsider how you act in mediation - be balanced and thoughtful. In mediation, rights take a back seat to common interests.

Released on Dec 20, 2021

In the deadlock: the refusal to talk

A summary of a mediator's experience in dealing with a deadlock between parties in a mediation.

The mediation agreement in Brazil and its essential requirements, recognition and enforcement

The enacting of a new code as well as the actual usage of alternative methods indicates that mediation will be a very sought-after dispute resolution mechanism in Brazil. This article outlines the development of mediation in Brazil and its laws and regulations, providing an overview of the major aspects related to mediation.

Overview of the Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention)

One important factor that has served as an obstacle to the growth of mediation, both in-terms of the quality of the process and its popularity as a viable mechanism for resolution of dispute, is the issue of enforceability of the outcome. The essence of the convention on International Settlement Agreements Resulting from Mediation is to tackle this obstacle and pave a smoother path for the development of harmonious international economic relations and administration of international commercial transactions